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Discrimination / Harassment

‘Anonymous’ harassment: How to respond when harasser is faceless and nameless

02/09/2010

In some cases, employees are harassed via scrawled words on a wall, voice mail messages or some other shadowy act. You may never be able to pinpoint the culprit, but you must still do something. Begin by opening an investigation, just as you would for any other complaint. Then remind all employees about your anti-harassment policies.

You’re liable for bias–even against temps

02/09/2010

Employers sometimes mistakenly believe that hiring a temporary employee through an agency means they won’t be liable if the worker files a discrimination or harassment complaint. The fact is that most temps—even if they are paid and generally managed by an agency—are still “employees” of the organization where they actually perform work. And they’re entitled to work in an environment free of harassment and discrimination.

When EEOC is involved, prepare to give up cash, much more

02/09/2010

The Bahama Breeze restaurant chain has settled racial harassment charges with the EEOC for $1.26 million. According to an EEOC complaint, black employees at the chain’s Beachwood location were regularly subjected to racial epithets, mockery and ongoing harassment.

Ohio law: Bosses personally liable for discrimination

02/09/2010

Here’s a reminder that should catch the attention of supervisors: While they may not be personally liable for most types of discrimination made illegal under federal law, they are liable under Ohio state law.

Cleveland bans bias based on gender identity, expression

02/09/2010

The Cleveland City Council has passed legislation expanding the city’s anti-discrimination ordinance to include transgender individuals. By adding “gender identity and expression” to a list of protected classes that already includes sexual orientation, Cleveland now offers one of the most all-encompassing anti-discrimination statutes in the state.

7 bills to watch: Congress’ 2010 employment law agenda

02/09/2010

When Republican Scott Brown of Massachusetts won January’s special election to fill the seat long occupied by the late Sen. Ted Kennedy, Democrats lost their 60-vote supermajority in the Senate. That means it will be that much more difficult for the Obama administration to make good on many of its pro-employee campaign promises. That’s not to say those employment law initiatives are dead. The following are the key initiatives pending in Congress.

Is it legally risky to refuse to hire people who have been arrested?

02/09/2010

Q. I am considering putting a policy in place to prohibit hiring any job applicant found to have an arrest record. Are there any legal risks?

Develop fail-safe application tracking system

02/09/2010

Do you have an employee who consistently applies for open positions for which she falls short on qualifications? You may be tempted to “lose” or “misplace” her applications. Be bigger than that. Instead, exercise patience and handle her applications just as you would for any other applicant.

Beware the high price of foul language: Expensive trials before unsympathetic judges

02/09/2010

It doesn’t happen often, but now the 11th Circuit has issued a rare unanimous en banc opinion. The judges, without a single dissent, ruled that a woman who quit her job because she couldn’t stand alleged daily sexual harassment can take her case to trial. The decision includes some important guidelines for what will be considered sexual harassment and what is simply crude and generally offensive behavior.

When picking candidates for promotion, use measurable criteria—and document it

02/09/2010

Employers have plenty of leeway when deciding which employees deserve to be promoted—as long as they document the decision-making process. Chances are a court won’t second-guess their choices. Just ask yourself this basic question: Have I passed over a candidate whom a reasonable person would have selected because his qualifications were superior to the person I picked?